• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Army dad told to tear down new tree house

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
It appears he didn't follow all of the rules regarding zoning. The sad part of the story is that it takes that much effort and money just to build a treehouse for your kids.
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
Everyone in Fairfax should start building tree houses on their property--without permits.

Mass civil disobedience cannot be quashed.

Resistance IS victory...
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
It appears he didn't follow all of the rules regarding zoning. The sad part of the story is that it takes that much effort and money just to build a treehouse for your kids.

It's probably not just zoning, but the covenants of the homeowners association or community. Developers include fairly stringent covenants these days in order to prevent a community from having to suffer cars parked or junked in the front yards, painting a house glaring pink, or other actions which reduce the property values of the surrounding homes and the developer's future business ventures.

However, some governments are overly-exuberant about enforcing zoning regs in order to help protect covenants.

$2,000 in permit fees? Blech! He should have built an underground shelter. "Fort? What fort?"
 

Brass Magnet

Founder's Club Member
Joined
Apr 23, 2009
Messages
2,818
Location
Right Behind You!, Wisconsin, USA
I have absolutely zero respect for building codes, zoning regulations, or building permits as they apply to private property. Tort law can and should be used to take care of careless or conniving ne'er-do-wells. Come on! A tree house?! I wouldn't have even asked or got a permit, then again, I live where no one would give a hoot; just the way I like it. If it's a HOA, then he agreed to certain terms and probably must abide by them, making it his own fault.
 

Jerry2197

Regular Member
Joined
Sep 20, 2011
Messages
13
Location
San Diego
Thats such bullsh!t. I hope he leave's it up. And Add's a room on to the side of it.

It's a tree house for his kids, leave it alone.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
I have absolutely zero respect for building codes, zoning regulations, or building permits as they apply to private property. Tort law can and should be used to take care of careless or conniving ne'er-do-wells. Come on! A tree house?! I wouldn't have even asked or got a permit, then again, I live where no one would give a hoot; just the way I like it. If it's a HOA, then he agreed to certain terms and probably must abide by them, making it his own fault.

+1

I don't always agree that because someone lives in an HOA though that he must live up to the terms. Property rights are property rights, and unless you can afford acreage, many have no choice but to buy into HOA's because of price. The majority of people living in HOA's don't like it, but are controlled by a minority, showing why "democracy" don't work. And most are set up in a manner that make them very difficult to get rid of.
 

CEM

Regular Member
Joined
Jul 20, 2011
Messages
50
Location
Kirkland, Washington, United States
+1

I don't always agree that because someone lives in an HOA though that he must live up to the terms. Property rights are property rights, and unless you can afford acreage, many have no choice but to buy into HOA's because of price. The majority of people living in HOA's don't like it, but are controlled by a minority, showing why "democracy" don't work. And most are set up in a manner that make them very difficult to get rid of.

I live in a condo with a HOA and I am not a huge fan. We have tons of rules. I understand ones like no loud parties after 11pm, not painting the outside, clean up after yourself, ect. But when you start getting to things like having to have white drapes showing to the outside it gets a little much. With my board we have 1 older lady who wants to control everything but the others are more "ignore the small things." I'm such a rebel as I put a small dish up outside for direct tv without permission. How dare I do that! It's been a year and never had a problem. You hear horror stories of HOA's though. Personal property rights should trump a lot of the power HOA's have.
 

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
I posted this on facebook and received a response from a liberal friend of the family:

It seems one of his neighbors complained.This is what happens when we honor the constitution, some kids lose their tree forts.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
I live in a condo with a HOA and I am not a huge fan. We have tons of rules. I understand ones like no loud parties after 11pm, not painting the outside, clean up after yourself, ect. But when you start getting to things like having to have white drapes showing to the outside it gets a little much. With my board we have 1 older lady who wants to control everything but the others are more "ignore the small things." I'm such a rebel as I put a small dish up outside for direct tv without permission. How dare I do that! It's been a year and never had a problem. You hear horror stories of HOA's though. Personal property rights should trump a lot of the power HOA's have.

I can't agree more, I love the area I live in hate the association. They are perfect examples of why "democracy" doesn't work.

They can't stop you from putting up a small satellite dish, Federal law trumps it. My association had a fit when I showed them this rule years ago.

http://edocket.access.gpo.gov/cfr_2005/octqtr/47cfr1.4000.htm

http://www.youtube.com/watch?v=uJKWl7o1J7g
 

Tony4310

Regular Member
Joined
Feb 16, 2011
Messages
474
Location
Florissant, MO
Our HOA ( subdivision ) is so bad that many of us have stopped paying these stupid fee's they charge yearly and they do NOT listen to anyone but each other. When votes come up for new HOA board members as they call it. No one can get elected in. They have it set up where THEY pick the members and the members never change. People have tried to run with zero luck. They keep having yearly BBQ's, but no one shows up but them and they can't figure out why.
 
Last edited:

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Our HOA ( subdivision ) is so bad that many of us have stopped paying these stupid fee's they charge yearly and they do NOT listen to anyone but each other. When votes come up for new HOA board members as they call it. No one can get elected in. They have it set up where THEY pick the members and the members never change. People have tried to run with zero luck. They keep having yearly BBQ's, but no one shows up but them and they can't figure out why.

You do realize that failing to pay the HOA dues can be grounds for the HOA to foreclose on your property - and win?

Either get the neighbors as excited and upset about the situation as you are and change the membership of the board so you can change the rules, or go find a place without a HOA (if you can). But in the meantime go read all the fine print and understand what can happen to you if you just thumb your nose at them and their rediculous rules.

stay safe.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
You do realize that failing to pay the HOA dues can be grounds for the HOA to foreclose on your property - and win?

Either get the neighbors as excited and upset about the situation as you are and change the membership of the board so you can change the rules, or go find a place without a HOA (if you can). But in the meantime go read all the fine print and understand what can happen to you if you just thumb your nose at them and their rediculous rules.

stay safe.

It can also be the only effective way of getting rid of or restructuring your HOA, unfortunately you have to have enough people willing to have the guts to do it. Sounds like it is working in his case and I applaud it especially if they can't even elect board members.
 

since9

Campaign Veteran
Joined
Jan 14, 2010
Messages
6,964
Location
Colorado Springs, Colorado, USA
It can also be the only effective way of getting rid of or restructuring your HOA, unfortunately you have to have enough people willing to have the guts to do it. Sounds like it is working in his case and I applaud it especially if they can't even elect board members.

Your idea depends entirely on the HOA contract/covenants and the laws of the city and state. In many locations, you can refuse to pay, en masse, and you will be foreclosed upon, en masse. You may find sympathetic judges in some areas, but you're just as likely to find their hands tied in others.

Bottom line: If you don't like the contract, don't sign the contract. If you sign the contract, you're legally bound by the contract insofar as it doesn't violate local/state laws. If it does, your recourse is limited to those portions which violate the law.

That's just the way contracts work in the Western world, and covenants are stronger than mere contracts. They're lasting, binding agreements. By "lasting" I mean they outlast current owners; they're conveyed with the property. It's incumbent upon the buyer to research and know the covenants. If they're misrepresented by a realtor or the seller, then fiscal relief can be had from the realtor or the seller, but if the covenants were misrepresented, options such as keeping the treehouse up aren't on the table.

Railing against it will get you foreclosed. Rallying the other homeowners to your "cause" will get you foreclosed. Says so, right in the covenants.

Did you read them before you signed them?
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Your idea depends entirely on the HOA contract/covenants and the laws of the city and state. In many locations, you can refuse to pay, en masse, and you will be foreclosed upon, en masse. You may find sympathetic judges in some areas, but you're just as likely to find their hands tied in others.

Bottom line: If you don't like the contract, don't sign the contract. If you sign the contract, you're legally bound by the contract insofar as it doesn't violate local/state laws. If it does, your recourse is limited to those portions which violate the law.

That's just the way contracts work in the Western world, and covenants are stronger than mere contracts. They're lasting, binding agreements. By "lasting" I mean they outlast current owners; they're conveyed with the property. It's incumbent upon the buyer to research and know the covenants. If they're misrepresented by a realtor or the seller, then fiscal relief can be had from the realtor or the seller, but if the covenants were misrepresented, options such as keeping the treehouse up aren't on the table.

Railing against it will get you foreclosed. Rallying the other homeowners to your "cause" will get you foreclosed. Says so, right in the covenants.

Did you read them before you signed them?

Sounds like you like HOA's and controlling other people.
My point was it didn't do that for Tony now did it? And it would work for others too.
Due process doesn't go away because you live in a HOA, it takes large amounts of time and money to foreclose, where are they going to get the money if people don't pay?

I have gleefully watched other HOA's destroyed this way and look forward to mine going by by too.

What you left out is that people do have the right to change or get rid of their HOA's yep it's right there in my covenants.

What you left out is that many times the HOA changes to something totally different than what it started out as. Like I said they are perfect examples of why democracy don't work.

I also pointed out that unless you have large amounts of money for acreage or to move to somewhere where you can afford acreage (oh wait then there wouldn't be work there) people are forced into buying into HOA's, almost everything is an HOA these days.

Me I love individual liberty and freedom. I will do what I can to destroy my association, because they don't.
 
Last edited:

dmatting

Regular Member
Joined
May 25, 2011
Messages
445
Location
Durham, NC
When in the market for homes, we have found some really nice ones, but having been burned in the past with HOAs and such we always try to get the entire story on the property. If there is an HOA, we will typically take that property out of consideration immediately. We made a poor decision with our last house - and it only caused us to hate HOAs even more and we will NEVER buy into one again. Our current property is free of that junk. I also look at the plat maps and the current deeds of the property as well. They will impart a wealth of information. Rights of ways and oddly divided and shared property will always add that property to the round file. Don't forget to look into the zoning rules and building codes of the county that the property is located in. If you have plans for your property, the county can squash them like a bug. And once you own the property, do not let anyone from the county on it without a warrant.
 
Top